Erb's Palsy Attorney

Legal Help After An Erb's Palsy Diagnosis

When your child is diagnosed with Erb's Palsy, you are suddenly facing medical terms you have never heard before and a future that feels uncertain. Erb's Palsy is a brachial plexus injury that can limit movement and strength in a child’s shoulder, arm, and hand. If you are wondering whether this injury could have been prevented, you are not alone.

I am David Henderson, who has represented injured Alaskans since 1998. My practice includes serious medical malpractice and birth injury cases, and I work with families across the state who are trying to understand what went wrong. Over the years, I have recovered millions of dollars in jury verdicts for injured clients, and I bring that same determination to families dealing with Erb's Palsy.

How I Help Families With Erb's Palsy

Parents usually come to me with two questions. They want to know whether a medical mistake during labor or delivery caused their child’s injury, and they want to know how they will pay for the care their child may need in the years ahead. My work in these cases starts with careful listening to your birth story and a detailed review of the medical records.

In a potential Erb's Palsy case, I look at what happened during pregnancy, labor, delivery, and immediately afterward. I pay close attention to risk factors that were present, to how long labor lasted, to the size and position of the baby, and to what decisions were made by the medical team. My role is to evaluate whether the care your child and the birthing parent received met accepted standards or whether avoidable errors may have contributed to the injury.

Because I have handled serious negligence and malpractice cases throughout Alaska for decades, I understand how to assemble the facts and present them clearly. I develop legal strategies that are tailored to the needs of your family rather than using a one size fits all approach. When you hire me as your Erb's Palsy lawyer, I deal with insurance companies and defense attorneys so you do not have to field those calls yourself.

I am based in Anchorage and regularly represent people who delivered children here as well as those who travel from other communities for high risk care. If you are looking for an Erb's Palsy lawyer Anchorage parents can actually reach when they have questions, you should know that I am available 24 hours a day to my clients. You will speak with me about the important decisions in your case, not just with staff.

Understanding Erb's Palsy & Possible Negligence

It is hard to decide whether to contact a lawyer when you are still learning what Erb's Palsy means for your child. Understanding the basics of the condition and how it can occur during birth can help you decide what to do next. Erb's Palsy usually involves stretching or tearing of the brachial plexus nerves that run from the neck into the shoulder and arm.

Many cases are associated with difficult deliveries. For example, some children develop Erb's Palsy after episodes of shoulder dystocia, where the baby’s shoulder becomes stuck behind the mother’s pelvic bone. The risk can increase if the baby is large, if labor is prolonged, or if tools such as forceps or a vacuum are used with excessive force or in the wrong way. In some situations, a timely decision to move to a cesarean section might reduce the chance of nerve damage.

Not every case of Erb's Palsy results from malpractice, and no one, including me, can say for certain what happened without a close review of the medical records. There are times when an injury occurs even when providers act carefully, and there are other times when the records reveal delays, poor communication, or improper techniques that should have been avoided. My task is to look for those patterns and measure what happened against accepted medical standards.

When I review a potential case, I look at fetal monitoring strips, nursing notes, physician orders, operative reports, and newborn assessments. I also consider how quickly the team responded to warning signs such as abnormal heart rate patterns, stalled labor, or signs of maternal distress. This kind of careful analysis can help determine whether your child’s Erb's Palsy may be linked to preventable choices during labor or delivery.

Steps To Take After An Erb's Palsy Diagnosis

After you hear the words “Erb's Palsy” for the first time, it can feel like everything is moving at once. You may be scheduling appointments with pediatricians, orthopedists, or neurologists, and starting physical or occupational therapy. At the same time, questions about the birth keep coming back to you. There are practical steps you can take now that protect both your child’s health and your family’s legal options.

Here are some steps many Alaska parents find helpful after a diagnosis:

• Keep copies of all medical records, including prenatal care, hospital records from labor and delivery, and all follow up visits for your child.
• Write down your recollection of the birth while details are still fresh, including who was present and what you were told at each stage.
• Track your child’s development, therapy recommendations, and any changes in movement or strength over time.
• Save bills, travel receipts, and records of time missed from work that relate to your child’s condition.

Alaska law sets time limits on medical malpractice and birth injury claims, and those time limits can be affected by several factors, including the age of the child and when the injury was discovered. Because of that, it is wise to speak with a lawyer once you begin to suspect that something may have gone wrong, even if you are not sure. An early review does not commit you to filing a lawsuit, but it can help protect your right to decide later.

When you contact a lawyer, I will listen to your concerns, review what you already know, and explain what information I would need to evaluate the case more fully. There is no obligation to move forward after that conversation. My goal is to give you clear information so you can make decisions that feel right for your family.

Compensation & The Legal Process

Parents are often reluctant to talk about money when they are worried about their child’s health, yet the financial impact of Erb's Palsy can be significant. Depending on the severity of the injury, a child may need years of physical or occupational therapy, surgeries, adaptive devices, and ongoing medical follow up. Travel to and from Anchorage for appointments can add to the cost, particularly for families living in other parts of Alaska.

In an Erb's Palsy case, a claim for compensation may include past and future medical care, therapy, and rehabilitation. It may also address the cost of equipment that helps your child function more independently, as well as the time parents must take away from work to attend appointments or provide care. In serious cases, we may need to consider how the injury could affect your child’s ability to work and earn income as an adult.

The legal process itself usually begins with a detailed investigation. After an initial consultation, I typically obtain medical records, analyze them, and, when appropriate, consult with qualified resources to help evaluate whether the standard of care was met. If the facts support a claim, the next steps can include filing a lawsuit, exchanging information with the other side, and attempting settlement discussions. Some cases resolve before trial, and others proceed to a jury verdict.

Throughout this process, I strive to keep you informed and involved without overwhelming you with procedure. I have recovered millions of dollars in injury verdicts in serious injury cases, and I apply the same level of preparation and tenacity when I handle birth injury matters. While no lawyer can predict a specific result, my focus is always on seeking fair compensation for the harm your child and your family have experienced.

Why Work With An Anchorage Birth Injury Lawyer

Bringing a case that involves a birth injury is different from handling a typical accident claim. It requires a careful understanding of both medicine and Alaska law, and it often involves working within systems centered in Anchorage. Many hospitals that handle higher-risk deliveries in Alaska are located here, and many families travel to the city for pediatric specialists and therapy services.

As an Anchorage personal injury lawyer who has practiced in Alaska since 1998, I know how medical malpractice and birth injury cases are handled in our state courts. I am familiar with the realities of traveling long distances for care, the limited availability of certain pediatric services, and the strain these demands place on families. This local knowledge helps me present your story in a way that reflects what life in Alaska is really like.

Working with a lawyer who lives and practices in Anchorage means you can meet in person when needed and discuss developments in your case directly. When you choose me, you are not working with an office far away that may not understand how health care is delivered in this state. I work to be accessible and responsive, and I make myself available to clients at any time of day or night when urgent questions or concerns arise.

Most importantly, I approach each Erb's Palsy case with the understanding that this is not just a legal file. It is your child’s future and your family’s security. My role is to guide you through a difficult process, help you weigh your options, and stand up for you in negotiations and, when needed, in an Alaska courtroom.

Frequently Asked Questions

How do I know if my child’s Erb's Palsy was caused by negligence?

The only way to know is through a careful review of medical records and your birth story. I look at risk factors, labor progression, interventions, and how the team responded to complications. After that review, I can explain whether the facts suggest a possible medical malpractice claim.

How much does it cost to talk with you about an Erb's Palsy case?

There is no cost to talk with me about a potential Erb's Palsy case. I offer free initial consultations so you can ask questions and learn about your options. During that conversation, I will also explain how fees work in these cases and what you can expect going forward.

How much time do I have to file an Erb's Palsy claim in Alaska?

Alaska has specific time limits for medical malpractice and birth injury claims, and those deadlines can depend on several factors, including the child’s age and when the injury was discovered. Because the rules can be complex, it is important to contact a lawyer as soon as you suspect a problem.

What happens during our first consultation about my child’s injury?

During our first consultation, I will ask you to walk me through the pregnancy, labor, delivery, and your child’s diagnosis. You can share your concerns and questions. I will outline how I evaluate these cases and discuss what information I would need to review before giving more detailed advice.

Will pursuing a case affect my child’s medical care in Anchorage or Alaska?

Families often worry about this, but bringing a legal claim does not automatically change where your child can receive care. I understand the importance of maintaining access to needed providers. Part of my role is to discuss these concerns with you and plan the case with your child’s care in mind.

Talk With Me About Your Child’s Erb's Palsy

If your child has Erb's Palsy and you are questioning what happened during labor or delivery, you do not have to sort through those questions alone. A conversation with an experienced Erb's Palsy attorney can help you understand whether malpractice may have played a role and what steps are available under Alaska law.

You do not have to make any decisions before you are ready, and there is no obligation after an initial consultation. If you decide to move forward, I will take on the work of dealing with insurance companies and legal procedures so you do not have to manage that alone.

To discuss your child’s Erb's Palsy case, call (888) 295-6566 today.